The Constitutional Court
has obliged President Susilo Bambang Yudhoyono to adjust each of his decrees on
deputy minister positions, deeming that the existing decrees had violated the
The court ruled
on Tuesday that while the President had the authority to chose deputy
ministers, the selection process was confusing because Article 10 of Law No. 39/2008
on State Ministry sets deputy ministerial posts as jobs for career officials.
In its ruling,
the judges said that according to the article, deputy ministers should be
selected by assessment teams, led by the vice president, from a list of
nominees from related ministries consisting of senior officials holding IA
according to facts presented before the trial, the President, in reality, has
appointed and swore in deputy ministers by himself without going through
procedures that applied for career officials,” Constitutional Court president
Mahfud MD said in a ruling.
that Yudhoyono’s decisions had shown that there was a political tone in
appointing deputy ministers, citing the inconsistencies in revising the Presidential
Decree No. 77/2009 on State Ministry.
He was referring
to the presidential decrees number 76 and 77 issued in October 2011, which
upgraded then presidential adviser Denny Indrayana’s grade status to meet the
requirements for deputy minister position. Denny’s grade was III/c, a very
junior official far below the requirement for a IA echelon post.
Denny is the
current law and human rights deputy minister.
Akil Mochtar said that the new ruling would automatically deactivate in-office
deputy ministers until the President revised his own decrees.
review was filed by a number of NGOs that challenged the legality of deputy
minister posts, saying that the new position violates the 2009 State Ministry
Law and was a waste of state money.
A total of 17
deputy ministers currently serve in the Cabinet.
and Mineral Resources Minister Widjajono Partowidagdo passed away on April 21
while Deputy Minister Ali Ghufron Mukti is currently in charge for the late
minister Endang Rahayu Sedyaningsih, who passed away on May 2. (asa/nvn)